The UK’s Competition and Markets Authority (CMA) has received a £23m ($29m) offer from Vifor Pharma for the NHS to address competition concerns that the regulator has been investigating.
Part of a wider set of commitments proposed by the company, the offer is in response to the CMA’s antitrust investigation into a restriction of competition through misinformation. The probe was launched earlier this year after concerns were raised that Vifor Pharma “had restricted competition by spreading misinformation to healthcare professionals about the safety of a rival treatment”.
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The investigation has considered whether Vifor Pharma spread misinformation to healthcare professionals regarding the safety profile of Pharmacosmos’ Monofer, an intravenous iron deficiency treatment rivalling Vifor Pharma’s Ferinject.
Considered anti-competitive conduct, the spread of disparaging misinformation would have constituted a breach of competition law under Chapter II of the Competition Act 1998. When the investigation opened, the CMA said it was looking into “a suspected breach of competition law by Vifor Pharma, relating to concerns that Vifor Pharma may have misleadingly disparaged a competing iron treatment, Monofer”.
Vifor Pharma has responded to the investigation by offering several commitments, which include a £23m payment to healthcare systems across the four nations. This is in response to concerns that the claims could have had an adverse financial impact on the NHS.
Other commitments include writing to healthcare professionals to correct any potentially misleading communications regarding the safety of Monofer and Ferinject, as well as introducing several measures to prevent the dissemination of misleading information in the future.
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By GlobalDataSpeaking on the investigation, health minister Karin Smyth said: “It is unacceptable for any company to seek to mislead and exploit the NHS. Iron deficiency anaemia is a serious condition, and it is essential that doctors and nurses have access to the correct information.
“We welcome this investigation, and we’re clawing back £23m to benefit the NHS and patients. We thank the Competition and Markets Authority for their work on this case.”
The CMA will now consult on the offer until 17 January 2025. If accepted, Vifor Pharma’s commitments will become legally binding and the CMA will conclude its investigation without deciding on the legality (or illegality) of Vifor Pharma’s actions.
The investigation marks the first misleading claims case of this nature considered by the CMA. Across the pharmaceuticals sector, cases considered by the CMA have resulted in a total of £400m worth of large fines.
